1.1 The Service

1.1.1 RDG or an authorised representative of RDG shall upon notification of a fault by a customer, which is covered by the Contract and verification by RDG, travel to the customer’s site and provide time and materials necessary to maintain the equipment covered under the Contract in good working order, in RDG’s reasonable opinion. Any replacement parts will be new or reconditioned.

1.1.2 RDG shall use its reasonable endeavours to minimise service interruption while it is seeking to diagnose and correct any fault on the equipment. However, in the event that RDG determines that additional parts or resources are required, the service will be interrupted to resume when the parts or resources are available. Temporary repairs requiring the customer to use abnormal operating procedures may be necessary pending a permanent solution.

1.1.3 Gold, Silver, Bronze and Return-to-base Service Agreements are available for customers in UK and Ireland.  Response and Labour Service Agreements are available for customers in mainland UK only.

1.1.4 For Response and Labour Service Agreements RDG will provide a three month guarantee for parts replaced in a machine, save when the customer is using non-Roland inks, where a one month guarantee will be provided.

1.2 Service Loans

1.2.1 If a repair cannot be achieved within 10 working days of the initial engineers visit (which for the avoidance of doubt means between Monday and Friday of each week), for Gold, Silver, Bronze and Return-to-base Service Agreements, RDG will use its reasonable endeavours to arrange, subject to the customer’s acceptance of service loan conditions and availability, for a suitable compatible product to be dispatched on loan pending repair of the customer’s equipment. Collection of the customer’s equipment for workshop repair may be necessary. Service loans will not be available for customers with Response and Labour Service Agreements.

1.2.2 Once the customer receives the service loan machine, the customer is legally liable for the machine.

1.3 Technical Improvements

1.3.1 Technical improvements that may be issued by RDG and that are considered by RDG to be necessary to the equipment’s normal operation will be carried out at the expense of RDG. Equipment is limited to that to which the fault relates, and is covered by the Contract.

1.3.2 Technical improvements that are considered by RDG to be unnecessary to the equipment’s normal operation will be available to the customer as a purchasable option.

1.4 Response Time

Engineers are allocated between 09.00 and 15.00, Monday to Friday, excluding public holidays and the period between 25th December and the next working day of the following year. Requests for engineers must be made before 15.00 hours. Any requests for visits received after 15.00 hours will be scheduled the next working day.

1.4.1 Telephone technical response time is defined as the time elapsed between the customer reporting the fault to Roland Customer Service and the Technical Support Advisor callback.

1.4.2 On-site response time is defined as the time elapsed between Roland’s technical support advisors identifying and agreeing with the customer that a Field Service Engineer is required to attend to a fault and the Field Service Engineer arriving at the customers’ site.

2. On-site Inspection

If, at any time of application, the customer’s equipment is not within its initial service period or the Contract has lapsed or its original service period has lapsed and is currently covered by an unauthorised maintenance company, RDG will carry out an on-site inspection of the equipment and shall also carry out any routine works that are necessary at this time. The on-site inspection and work will be charged to the customer at current time and materials cost.

3. Customer’s Obligations

To facilitate the provision by RDG of maintenance services the customer shall:

3.1 keep and operate the equipment in a proper manner and ensure that only competent trained employees are allowed to operate it;

3.2 use the equipment in a suitable environment with proper power supplies and in accordance with the instructions and advice of RDG;

3.3 not make any addition, modification or adjustment to it without RDG’s prior written consent;

3.4 maintain and make available to RDG records of the operation, maintenance and any malfunction of the equipment; and

3.5 provide at such times as RDG reasonably requires and at no cost to RDG all documentation, software, materials and services necessary for the maintenance and testing of the equipment, access to the equipment, use of the customer’s workshop and repair facilities and the cooperation of the customer’s personnel in diagnosing and overcoming any malfunction of the equipment.

3.6 have the relevant tools (digital camera, web cam and broadband) onsite in order to help fault diagnosis by RDG technical support before scheduling a RDG engineer visit

3.7 attend a RDG Academy course if lack of training is resulting in a high volume of calls to RDG Technical Support

4. Charges

4.1 The Contract charges are specified in the Contract. Any service requested by the customer deemed to beoutside the Contract will be charged for by RDG at the current time and materials rate.

4.2 If any sum payable under this Contract is not paid within 30 days of the invoice date, RDG will suspend the Contract, and shall be entitled to charge the customer interest on the amount unpaid from the due date until payment is made in full at either of the following rates at the option of RDG:

4.2.1 the rate of 10% per year, which shall accrue on a daily basis and be compounded monthly;

4.2.2 the rate provided for under the Late Payment of Commercial Debts (Interest) Act 1998.

4.3 Where the payment method is by monthly direct debit and RDG is unable to collect the monies as a resultof actions by the customer, RDG reserves the right to suspend the contract until monies are paid up to date.

4.3.1 Please note that should RDG fail to collect three consecutive direct debit payments, payment in full will be required as this is in breach of the RolandCare Terms and Conditions.

4.3.2 Additional charges, including travel, accommodation and subsistence expenses, will apply to customers whose equipment is outside the UK mainland.

5. Termination

5.1 RDG reserves the right to terminate this contract by giving notice in writing to the customer if the latter being the company that has a winding up order made against it or has a receiver or administrator appointed other than for the purposes of bona fide reconstruction or amalgamation or, being an individual, has a bankruptcy order made against him or her.

5.2 Either party may terminate this Contract upon giving 90 days notice to the other in writing save that the Customer shall not be entitled to terminate the Contract within 90 days from the commencement date indicated in the Contract.

5.3 A full refund shall be given by RDG to the customer based upon the length of time remaining in the Contract period provided the required notice has been given as detailed in clause 5.2.

5.4 If payment of any sum due under this Contract is not made by the customer within 60 days of the date of the invoice or due date of the monthly direct debit agreement RDG will terminate the Contract immediately.

6. Disclaimer

6.1 Any faults that have been diagnosed by RDG as having been caused by neglect, misuse, failing to follow instructions in the user manual, including routine maintenance, operating the equipment outside of its published specification and environmental criteria, or failing to follow other instructions provided by RDG will be charged to the customer at current time and materials cost, details of which will be provided to the customer upon request.

6.2 RDG reserves the right to void the warranty should a machine be using non-Roland approved inks under our Gold, Silver and Bronze Service Agreements. For Response and Labour Service Agreements non-Roland approved inks can be used.

6.3 If, after inspection by RDG, the equipment is found to be serviceable and the fault is deemed to have been caused by another device not supplied by RDG – e.g., computer, cable, third party consumables, software or hardware configuration – the customer will be charged at the current time and materials cost.

6.4 Consumable items such as pens, media, blades, blade holders, spindle motors and all other items deemed to be consumables are not included under the Contract and the cost of replacing such items shall be borne by the customer.

6.5 RDG shall be under no obligation to provide maintenance service to the customer if the equipment suffers any damage as a result of misuse in any form, or if the equipment is altered in any way from its original specification without the prior written consent of RDG or if the customer has breached clause 3 of the Terms and Conditions.

6.6 Faults which, in the opinion of RDG, were present in the equipment prior to the commencement of this Contract shall not be covered by this Contract.

6.7 If the original product service or previous maintenance contract have lapsed, approval of the new maintenance contract will be subject to the serviceability of the equipment, in respect of which, the decision by RDG shall be final and binding.

6.8 This Contract shall not be binding upon RDG if the equipment is repaired or serviced other than by RDG or an agent authorised by RDG.

6.9 RDG shall have no liability at all for any loss (including consequential loss) or damage of any kind arising from any stoppage, breakdown or failure of the equipment however occasioned.

6.10 RDG shall have no liability for any damage to the customer’s property unless occasioned by RDG’s negligence.

6.11 If the machine is moved by the customer, the warranty will be void until inspected by an engineer. Call out fee for this inspection is to be paid by the customer. To avoid this, the customer can opt to have the machine can be moved by an approved RDG logistics company.

7. Customer Rights

8. Variation

No variation or amendment of this Contract or oral promise or commitment related to it shall be valid unless committed in writing and signed by or on behalf of both parties.

9. RDG’s Right to Assign and Sub-Contract

This contract and all rights under it may be assigned or sub-contracted by RDG. The customer cannot assign any part of this contract without the written authority from RDG.

10. Waiver

The failure by either party to enforce at any time or for any period any one or more of the terms or conditions of this Contract shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this Contract.

11. Third Party Rights

A person or entity who is not a party to this Contract has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of this Contract.

12. Force Majeure

Both parties shall be released from their respective obligations in the event of national emergency, war, prohibitive governmental regulation or if any other cause beyond the reasonable control of the parties or if either of them renders the performance of this Contract impossible whereupon all money due under this Contract shall become due and immediately repayable:

12.1 the customer shall immediately pay to RDG all arrears of payments;

12.2 each party shall be liable to pay to the other damages for any breach of this Contract and all expenses and costs incurred by that party in enforcing its rights under this Contract.

13. Notices

13.1 Any demand or notice given under this Contract shall be in writing and may be served:

13.1.1 personally;

13.1.2 by registered or recorded delivery mail;

13.1.3 by facsimile transmission (confirmed by post); or

13.1.4 by any other means that any party specifies by notice to the others.

13.2 Each party’s address for the service of notice shall be its registered business address.

13.3 A notice shall be deemed to have been served:

13.3.1 if it was served in person at the time of service;

13.3.2 if it was served by post 24 hours after it was posted; and

13.3.3 if it was served by facsimile transmission at the time of transmission.

14. Law and Jurisdiction

The law applicable to this Contract shall be English law and the parties consent to the jurisdiction of the English courts in all matters affecting this Contract.